Tea is considered a “food” under United States law, and is subject to regulation by the Food and Drug
Administration (FDA). Usually, tea is not subject to the requirement of providing a Nutrition Facts Label.
This is because the FDA regulations in place assume that tea offers no appreciable nutrients. As such,
should a tea supplier wish to make any “claims” as to the
nutritional advantages of tea, once such a claim is made,
a Nutrition Facts Label will be required for the tea packaging.
Clearly, where tea is an ingredient in another food, such as
the use of matcha tea powder in "green tea ice cream" or in
green tea cakes, a Nutrition Facts Label will be required for
the overall product, regardless of the nutrition fact exemption
for the tea itself.
Even if no nutrition content, health, or other types of claims
are made on the tea’s packaging, the package will still need
to include the usual “statement of identity,” “net quantity
statement,” “information panel” and other statements and
advisories, in the correct positions, typeface and size,
in order to comply with FDA regulations. Once tea products
have entered the United States, and the FDA's labeling
requirements have been complied with, a tea supplier's
advertising regarding tea products within the country will
be subject to regulation by the Federal Trade Commission
or FTC.
Tea’s increasing popularity in the United States has been
fueled by increased attention on its positive health effects.
However, once a tea’s packaging or marketing materials
contains any “claim” as to those health effects, the tea will
be subject to a number of requirements. Claims as to the
effects of food are generally classified as nutrition content
claims, health claims, qualified health claims,
structure/function claims, or dietary guidance. Different rules as to the level of scientific support, and
pre-market approval by or post-market notice to the FDA will apply depending upon how the claim is
classified. Claims that subject a manufacturer to increased regulation may be as
simple as “zero fat” or “good source of antioxidants.” Of particular relevance to tea, the very term
“antioxidant” is specifically defined for FDA regulatory purposes. See 62 FR 49868 (Sept. 23, 1997).
The FDA has already taken adverse action on several claims made on behalf of green tea. In Letter No.
2004Q-0083, the FDA rejected outright the request to approve the qualified health claim that green tea
consumption lowered the risk of gastric, lung, colon/rectal, esophageal, pancreatic, ovarian, and
combined cancers. The FDA permitted the qualified health claim that green tea consumption lowered
the risk of breast and prostate cancer, but required that the underlying studies be disclaimed to
consumers as “weak.” In a similar ruling, Letter No. 2005Q-0297, the FDA denied a petition to approve
a qualified health claim to the effect that green tea consumption reduces the risk of cardiovascular
disease.
Administration (FDA). Usually, tea is not subject to the requirement of providing a Nutrition Facts Label.
This is because the FDA regulations in place assume that tea offers no appreciable nutrients. As such,
should a tea supplier wish to make any “claims” as to the
nutritional advantages of tea, once such a claim is made,
a Nutrition Facts Label will be required for the tea packaging.
Clearly, where tea is an ingredient in another food, such as
the use of matcha tea powder in "green tea ice cream" or in
green tea cakes, a Nutrition Facts Label will be required for
the overall product, regardless of the nutrition fact exemption
for the tea itself.
Even if no nutrition content, health, or other types of claims
are made on the tea’s packaging, the package will still need
to include the usual “statement of identity,” “net quantity
statement,” “information panel” and other statements and
advisories, in the correct positions, typeface and size,
in order to comply with FDA regulations. Once tea products
have entered the United States, and the FDA's labeling
requirements have been complied with, a tea supplier's
advertising regarding tea products within the country will
be subject to regulation by the Federal Trade Commission
or FTC.
Tea’s increasing popularity in the United States has been
fueled by increased attention on its positive health effects.
However, once a tea’s packaging or marketing materials
contains any “claim” as to those health effects, the tea will
be subject to a number of requirements. Claims as to the
effects of food are generally classified as nutrition content
claims, health claims, qualified health claims,
structure/function claims, or dietary guidance. Different rules as to the level of scientific support, and
pre-market approval by or post-market notice to the FDA will apply depending upon how the claim is
classified. Claims that subject a manufacturer to increased regulation may be as
simple as “zero fat” or “good source of antioxidants.” Of particular relevance to tea, the very term
“antioxidant” is specifically defined for FDA regulatory purposes. See 62 FR 49868 (Sept. 23, 1997).
The FDA has already taken adverse action on several claims made on behalf of green tea. In Letter No.
2004Q-0083, the FDA rejected outright the request to approve the qualified health claim that green tea
consumption lowered the risk of gastric, lung, colon/rectal, esophageal, pancreatic, ovarian, and
combined cancers. The FDA permitted the qualified health claim that green tea consumption lowered
the risk of breast and prostate cancer, but required that the underlying studies be disclaimed to
consumers as “weak.” In a similar ruling, Letter No. 2005Q-0297, the FDA denied a petition to approve
a qualified health claim to the effect that green tea consumption reduces the risk of cardiovascular
disease.
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